Oxford Scholarship Online: The Law of Command Responsibility

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The Law of Command Responsibility Mettraux, Guénaël Defence Counsel, International Criminal Tribunal for the Former Yugoslavia (ICTY), Formerly a legal assistant in the Chambers of the ICTY Print publication date: 2009 (this edition) Published to Oxford Scholarship Online: May 2009 Print ISBN-13: 978-0-19-955932-9
1 The Evolution of the Law of Command Responsibility and the Principle of Legality doi:10.1093/acprof:oso/9780199559329.003.0001 Guenael Mettraux Abstract: This chapter discusses the birth and development of the doctrine of superior responsibility and the part which war crimes tribunals have played in developing and defining that doctrine. Keywords: superior responsibility, objective liability, tribunals, International Criminal Court, war crimes, judicial law-making,

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Full Book Contents

Preface

PART I INTRODUCTION

1 The Evolution of the Law of Command Responsibility and the Principle of Legality

2 The Resurgence of International Criminal Justice and the Rebirth of Command Responsibility

3 Command Responsibility under Customary International Law and the Statute of the International Criminal Court

PART II NATURE AND SCOPE OF APPLICATION OF THE DOCTRINE OF COMMAND RESPONSIBILITY

4 Command Responsibility as a Sui Generis Form of Liability for Omission

5 Scope of Application of the Doctrine of Command Responsibility—International and Internal Conflicts as well as Peacetime?

6 Military Commanders, Civilian Leaders, and Other Superiors, whether De Jure or De Facto

PART III ELEMENTS OF COMMAND RESPONSIBILITY AND UNDERLYING OFFENCES

7 General Remarks

8 Underlying Offences

9 A Superior–Subordinate Relationship Between the Accused and Those Who Committed the Underlying Offences

10 A Culpable State of Mind

11 Breach of a Duty and Consequential Failure to Prevent or to Punish Crimes of Subordinates

PART IV CONCLUSION

12 Concluding Remarks: A Workable Standard of Liability for Superiors

Appendix

Bibliography

Index

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